EEOC Sues KB Staffing For Disability Discrimination

TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, made unlawful pre-offer health inquiries of applicants in violation of federal law, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. According to EEOC's lawsuit, from 2011 to 2013, KB Staffing asked all applicants to complete a paper application package with a detailed medical questionnaire before the company offered the applicant a position or placement. The suit further alleges that, although KB Staffing represented that it changed its process in 2013, it still required applicants to complete a medical questionnaire prior to any offer of employment in some instances after that date. The medical questionnaires asked for sensitive health information, and included numerous disability-related questions. Employers are generally prohibited from making pre-offer medical inquiries by the Americans with Disabilities Act (ADA). EEOC filed suit against KB Staffing in the U.S. District Court for the Middle District of Florida, Tampa Division (EEOC v. KB Staffing LLC, Case No. 8:16-cv-1088-T-27MAP, M.D. Fla.) after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks compensatory damages, punitive damages and injunctive relief.